Gomez v. Lozado

Memorandum. Order of the Appellate Division reversed, without costs, and the proceeding remitted to the Family Court to review and conduct such additional hearings as may be advisable in light of the principles discussed in Matter of Bennett v Jeffreys (40 NY2d 543), decided herewith.

It should be noted that, in reversing, the Appellate Division affirmed expressly the findings of fact in the Family Court, finding both grandmother and father fit to have custody of the motherless child. The appellate court seems to have accorded a parental primacy which, as developed in the Bennett case (supra),…